Blockchain Jenga: The Challenges of Blockchain Discovery and Admissibility Under the Federal Rules

Abstract

Blockchain technology enables a user to participate in a variety of transactions — ranging from executing business dealings with bitcoins and other cryptocurrencies, to storing valuable information on a secured database. As blockchain becomes a widely used technology in the public and private sectors, companies that store data on a distributed ledger will inevitably be faced with mounting legal questions relating to the civil discovery and evidentiary processes; vital questions that the courts must resolve. A two-part solution is necessary in order to adequately resolve these emerging concerns: amending the Federal Rules of Civil Procedure and Evidence, and embracing blockchain technology to facilitate the civil litigation process. Blockchain Jenga: The Challenges of Blockchain Discovery and Admissibility Under the Federal Rules, examines some of these issues and suggests a way for the courts and the legislature to adequately address admissibility and discovery of information stored on the chain.